Soybean cultivar BY0811023

ABSTRACT

The present invention is in the field of soybean variety BY0811023 breeding and development. The present invention particularly relates to the soybean variety BY0811023 and its progeny, and methods of making BY0811023.

REFERENCE TO RELATED APPLICATION

This application claims the benefit of priority to U.S. ProvisionalApplication Ser. No. 61/468,047 filed on Mar. 27, 2011.

THE FIELD OF THE INVENTION

The present invention is in the field of soybean cultivar breeding anddevelopment. The present invention particularly relates to the soybeancultivar BY0811023 and its progeny, and methods of making.

BACKGROUND OF THE INVENTION

Soybean Glycine max (L) is an important oil seed crop and a valuablefield crop. However, it began as a wild plant. This plant and a numberof other plants have been developed into valuable agricultural cropsthrough years of breeding and development. The pace of the developmentof soybeans, into an animal foodstuff and as an oil seed hasdramatically increased in the last one hundred years. Planned programsof soybean breeding have increased the growth, yield and environmentalhardiness of the soybean germplasm.

Due to the sexual reproduction traits of the soybean, the plant isbasically self-pollinating. A self-pollinating plant permits pollen fromone flower to be transferred to the same or another flower of the sameplant. Cross-pollination occurs when the flower is pollinated withpollen from a different plant; however, soybean cross-pollination is arare occurrence in nature.

Thus the growth and development of new soybean germplasm requiresintervention by the breeder into the pollination of the soybean. Thebreeders' methods of intervening depends on the type of trait that isbeing bred. Soybeans are developed for a number of different types oftraits morphological (form and structure), phenotypical, or for traitslike growth, day length, temperature requirements, initiation date offloral or reproductive development, fatty acid content, insectresistance, disease resistance, nematode resistance, fungal resistance,herbicide resistance, tolerance to various environmental factors likedrought, heat, wet, cold, wind, adverse soil condition and also foryield. The genetic complexity of the trait often drives the selection ofthe breeding method.

Due to the number of genes within each chromosome, millions of geneticcombinations exist in the breeders' experimental soybean material. Thisgenetic diversity is so vast that a breeder cannot produce the same twocultivars twice using the exact same starting parental material. Thus,developing a single variety of useful commercial soybean germplasm ishighly unpredictable, and requires intensive research and development.

The development of new soybeans comes through breeding techniques, suchas: recurrent selection, mass selections, backcrossing, single seeddescent and multiple seed procedure. Additionally, marker assistedbreeding allows more accurate movement of desired alleles or evenspecific genes or sections of chromosomes to be moved within thegermplasm that the breeder is developing. RFLP, RAPD, AFLP, SSR, SNP,SCAR, isozymes, are some of the forms of markers that can be employed inbreeding soybeans or in moving traits into soybean germplasm. Otherbreeding methods are known and are described in various plant breedingor soybean textbooks.

When a soybean variety is being employed to develop a new soybeanvariety or an improved variety the selection methods may includebackcrossing, pedigree breeding, recurrent selection, marker assistedselection, modified selection and mass selection or a combination ofthese methods. The efficiency of the breeding procedure along with thegoal of the breeding are the factors for determining which selectiontechniques are employed. A breeder continuously evaluates the success ofthe breeding program and therefore the efficiency of any breedingprocedures. The success is usually measured by yield increase,commercial appeal and environmental adaptability of the developedgermplasm.

The development of new soybean cultivars most often requires thedevelopment of hybrid crosses (some exceptions being initial developmentof mutants directly through the use of the mutating agent, certainmaterials introgressed by markers, or transformants made directlythrough transformation methods) and the selection of progeny. Hybridscan be achieved by manual manipulation of the sexual organs of thesoybean or by the use of male sterility systems. Breeders often try toidentify true hybrids by a readily identifiable trait or the visualdifferences between inbred and hybrid material. These heterozygoushybrids are then selected and repeatedly selfed and reselected to formnew homozygous soybean lines.

Mass and recurrent selection can be used to improve populations. Severalparents are intercrossed and plants are selected based on selectedcharacteristics like superior yield or excellent progeny resistance.Outcrossing to a number of different parents creates fairly heterozygousbreeding populations.

Pedigree breeding is commonly used with two parents that possessfavorable, complementary traits. The parents are crossed to form a F1hybrid. The progeny of the F1 hybrid is selected and the best individualF2s are selected; this selection process is repeated in the F3 and F4generations. The inbreeding is carried forward and at approximatelyF5-F7 the best lines are selected and tested in the development stagefor potential usefulness in a selected geographic area.

In backcross breeding a genetic allele or loci is often transferred intoa desirable homozygous recurrent parent. The trait from the donor parentis tracked into the recurrent parent. The resultant plant is bred to belike the recurrent parent with the new desired allele or loci.

The single-seed descent method involves use of a segregating plantpopulation for harvest of one seed per plant. Each seed sample isplanted and the next generation is formed. When the F2 lines areadvanced to approximately F6 or so, each plant will be derived from adifferent F2. The population will decline due to failure of some seeds,so not all F2 plants will be represented in the progeny.

New varieties must be tested thoroughly to compare their developmentwith commercially available soybeans. This testing usually requires atleast two years and up to six years of comparisons with other commercialsoybeans. Varieties that lack the entire desirable package of traits canbe used as parents in new populations for further selection or aresimply discarded. The breeding and associated testing process is 8 to 12years' of work prior to development of a new variety. Thousands ofvarietal lines are produced but only a few lines are selected in eachstep of the process. Thus the breeding system is like a funnel withnumerous lines and selections in the first few years and fewer and fewerlines in the middle years until one line is selected for the finaldevelopment testing.

The selected line or variety will be evaluated for its growth,development and yield. These traits of a soybean are a result of thevariety's genetic potential interacting with its environment. Allvarieties have a maximum yield potential that is predetermined by itsgenetics. This hypothetical potential for yield is only obtained whenthe environmental conditions are near perfect. Since perfect growthconditions do not exist, field experimentation is necessary to providethe environmental influence and to measure its effect on the developmentand yield of the soybean. The breeder attempts to select for an elevatedsoybean yield potential under a number of different environmentalconditions.

Selecting for good soybean yield potential in different environmentalconditions is a process that requires planning based on the analysis ofdata in a number of seasons. Identification of the varieties carrying asuperior combination of traits, which will give consistent yieldpotential, is a complex science. The desirable genotypic traits in thevariety can often be masked by other plant traits, unusual weatherpatterns, diseases, and insect damage. One widely employed method ofidentifying a superior plant with such genotypic traits is to observeits performance relative to commercial and experimental plants inreplicated studies. These types of studies give more certainty to thegenetic potential and usefulness of the plant across a number ofenvironments.

In summary, the goal of the soybean plant breeder is to produce new andunique soybeans and progeny of the soybeans for farmers' commercial cropproduction. To accomplish this, the plant breeder painstakingly crossestwo or more varieties or germplasm. Then the results of this cross arerepeatedly selfed or backcrossed to produce new genetic patterns. Neweravenues for producing new and unique genetic alleles in soybeans includeintroducing (or creating) mutations or transgenes into the geneticmaterial of the soybean are now in practice in the breeding industry.These genetic alleles can alter pest resistance such as diseaseresistance, insect resistance, nematode resistance, herbicideresistance, or they can alter the plant's environmental tolerances, orits seeds fatty acid compositions, the amount of oil produced, and/orthe amino acid/protein compositions of the soybean plant or its seed.

The traits a breeder selects for when developing new soybeans are drivenby the ultimate goal of the end user of the product. Thus if the goal ofthe end user is to resist a certain plant disease so overall more yieldis achieved, then the breeder drives the introduction of genetic allelesand their selection based on disease resistant levels shown by theplant. On the other hand, if the goal is to produce specific fatty acidcomposition, with for example a high level of oleic acid and/or a lowerlevel of linolenic acid, then the breeder may drive the selection ofgenetic alleles/genes based on inclusion of mutations or transgenes thatalter the levels of fatty acids in the seed. Reaching this goal mayallow for the acceptance of some lesser yield potential or other lessdesirable agronomic trait.

The new genetic alleles being introduced in to soybeans are widening thepotential uses and markets for the various products and by-products ofthe oil from the seed plants such as soybean. A major product extractedfrom soybeans is the oil in the seed. Soybean oil is employed in anumber of retail products such as cooking oil, baked goods, margarinesand the like. Another useful product is soybean meal, which is acomponent of many foods and animal feedstuffs.

SUMMARY OF THE INVENTION

One embodiment of the invention relates to seed of a soybean cultivardesignated BY0811023. The invention relates to the plant from the seeddesignated BY0811023, or the plant parts. The invention also encompassesa tissue culture of regenerable cells, cells or protoplasts being from atissue selected from the group consisting of: leaves, pollen, embryos,meristematic cells, roots, root tips, anthers, flowers, ovule, seeds,stems, pods, petals and the cells thereof.

The invention in one aspect covers a soybean plant, or parts thereof,having all of the physiological and morphological characteristics of thesoybean plant.

Another aspect of this invention is the soybean plant seed or derivedprogeny which contains a transgene which provides herbicide resistance,fungal resistance, insect resistance, resistance to disease, resistanceto nematodes, male sterility, or which alters the oil profiles, thefatty acid profiles, the amino acids profiles or other nutritionalqualities of the seed.

The present invention further covers a method for producing a soybeanseed with the steps of crossing at least two parent soybean plants andharvesting the hybrid soybean seed, wherein at least one parent soybeanplant is the present invention. Another aspect of the invention coversthe hybrid soybean seed and the progeny soybean plant and resultantseed, or parts thereof from the hybrid seed or plant or its progeny.

In an additional aspect, the invention covers a method for producing asoybean progeny from the invention by crossing soybean line BY0811023with a second soybean plant to yield progeny soybean seed and thengrowing progeny soybean seed to develop a derived soybean line.

Yet another aspect of the invention covers a method for a breedingprogram using plant breeding techniques which employ the soybean plantBY0811023 as plant breeding material and performing breeding byselection techniques, backcrossing, pedigree breeding, marker enhancedselection, mutation and transformation.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 shows the Geographic Segment Chart—GSEGC shows the breakout forgrain yield at standard moisture for BY0811023 across geographiclocations.

FIG. 2 shows the Group Mean chart (GRP_MN=Group Mean) of Grain Yield atstandard moisture for BY0811023. This chart shows Yield Stability—Win>5%of trial mean, Tie + or −5% of trial mean, Losses <5% of trial mean. Thechart's vertical axis=yield of target variety, its horizontalaxis=location average yield. When the target variety line is above thelocation average line this is desirable. The RSQ of the target varietyshows a number. This number when it is closest to 1=yield stability.

DETAILED DESCRIPTION The following data is used to describe and enablethe present soybean invention. TRAIT ABBREVIATIONS TRAIT NAMEDESCRIPTION RRG_T MC RR Gene Present RRG_T Glyphosate Resistant GenePresent (Yes or No) STS_T MC Sulfonylurea Tolerant Soybean FSulfonylurea Tolerant Soybean (Yes or No) FL_CT MC Flower Color FL_CTFlower Color - P = Purple, W = White or Segregating = Mixture of colorsPB_CT MC Pubescence Color PB_CT Pubescence Color - G = Gray, T = Tawny,Lt = Light Tawny, Segregating = Mixture of Colors PD_CT MC Pod ColorPD_CT Pod Color - T = Tawny, B = Brown, Segregating = Mix of ColorsHILCT Hilum Color HILCT Hilum Color - G = Gray, BR = Brown, BF = Buff,BL = Black, IB = Imperfect Black, Y = Yellow, IY = Imperfect Yellow,Segregating = Mixture of Colors PRTNP Protein Percent PRTNP ProteinPercent @ 13% Moisture OIL_P Oil Percent OIL_P Oil Percent @ 13%Moisture SBSSN Seed Size (Number of Seeds per LB) Seed Size (Number ofSeeds per pound) SBSSN STMTR Stem Termination STMTR Stem Termination 1 =Determinate 2 = Indeterminate 3 = Semi-Determinate 9 = Segregation RPS_TPRR GENE RPS_T Phytophthora Root Rot GENE, 1C, 1K, No Gene, etc. CN1_PSCN Race 1 Female Index % SCN Race 1 Female Index % CN3_P SCN Race 3Female Index % SCN Race 3 Female Index % CN5_P SCN Race 5 Female Index %SCN Race 5 Female Index % CN14P SCN Race 14 Female Index % SCN Race 14Female Index % SN_T MC SCN Resistance source SN_T Soybean NematodeResistance Source MI_R Root Knot Incognita MI_R Root Knot Incognita 1-9(1 = best) MA_R Root Knot Arenaria MA_R Root Knot Arenaria 1-9 (1 =best) DPM_R Stem Canker (Southern) DPM_R Stem Canker (Southern) Rating1-9 (1 = best) DPMTR Stem Canker (South) Tolerance Stem Canker(Southern) Tolerance Rating 1-9 (1 = best) DPMTR CLS_T ChlorideSensitivity Chloride Sensitivity Text Excluder = Accumulates Chlorideand restricts the Chloride in the roots, Includer = Accumulates Chloridethroughout the plant VHNO Variety/Hybrid Number A code designating aparticular variety YGSMN Grain Yield at Std MST - YGSMN Grain Yield atStandard Moisture MRTYN Maturity Days from planting MRTYN Maturity -Number of days from planting date until the cultivar has reached itsmaturity. HLDGR Harvest Lodging HLDGR Harvest Lodging 1 = All erect; 5 =45 degrees; 9 = flat PLHTN Plant Height (cm) Plant Height in centimetersGLDGR Green Lodging GLDGR Green Lodging Rating R5 to R6 1 = All erect, 5= 45 degree, 9 = flat PLCNR Plant Canopy Rating PLCNR Plant CanopyRating 1 = No branching, 5 = Average, 9 = Profuse PLBRR Plant BranchingPLBRR Plant Branching Rating 1 = No branching, 5 = Average, 9 = ProfusePRR_R Phytophthora Root Rot Tolerance Phytophthora Root Rot FieldTolerance Rating 1-9 (1 = best) for field tolerance PRR_R BSR_R BrownStem Rot BSR_R Brown Stem Rot Rating 1-9 (1 = best) EMRGR EmergenceEMRGR Emergence 1-9 (1 = best) EPA_R Early Plot Appearance EPA_R EarlyPlot Appearance - emergence, evenness of stand V2-V6 FELSR Frogeye LeafSpot FELSR Frogeye Leaf Spot Rating 1-9 (1 = best) GMSTP Moisture %(Field) MST_P Moisture % (Field) GS_R Green Stem GS_R Green Stem Rating1-9 (1 = best) HVAPR Harvest Appearance HVAPR Overall Harvest Appearance1 = Excellent; 5 = Average; 9 = Poor IC_R Iron Chlorosis IC_R IronChlorosis Rating or Calculated from Flash & Recovery Mean 1-9 (1 = best)ICFLR Iron Chlorosis Yellow Flash Rate Iron Chlorosis Yellow FlashRating 1-9 (1 = best) ICFLR ICR_R Iron Chlorosis Recovery ICR_R IronChlorosis Recovery Rating 1-9 (1 = best) SDS_R Sudden Death SyndromeSDS_R Sudden Death Syndrome Rating 1-9 (1 = best) STR_R Shattering STR_RShattering 1-9 (1 = best) TESTP Test % TESTP The Mean Yield of thevariety, expressed as a percentage of the Mean Yield of all varieties inthe trial.

TRAIT DEFINITIONS

Hypocotyl Length (Hyp_R) A rating of a variety's hypocotyl extensionafter germination when planted at a 5″ depth in sand and maintained in awarm germination environment for 10 days.

Seedling Establishment (EMRGR) A rating of uniform establishment andgrowth of seedlings. Rating is taken between the V1 and V3 growth stagesand is a 1 to 9 rating with 1 being the best stand establishment.

Seed Coat Peroxidase (Perox)—seed protein peroxidase activity is achemical taxonomic technique to separate cultivars based on the presenceor absence of the peroxidase enzyme in the seed coat. Ratings arePOS=positive for peroxidase enzyme or NEG=negative for peroxidaseenzyme.

Plant Height (PLHTN) The average measured plant height, in centimeters,of 5 uniform plants per plot, taken just prior to harvest.

Plant Branching (PLBRR) Rating of the number of branches and theirrelative importance to yield. This rating is taken at growth expressivelocations. 1=no branching, 5=average and 9=profuse. Ratings taken justprior to harvest

Green Lodging (GLDGR) Rating based on the average of plants leaning fromvertical at the R5 to R6 growth stage. 1=all are erect, 5=averageerectness. 9=all are flat. Rating of one is the best rating.

Harvest Lodging (HLDGR) Rating based on the average of plants leaningfrom vertical at harvest. Lodging score (1=completely upright, 5=45degree angle from upright; 9=completely prostrate). Rating one is thebest rating and ratings are taken just prior to harvest.

Phytophthora Root Rot (PRR_R) means a Phytophthora Root Rot fieldtolerance rating. Rating is 1-9 with one being the best. The informationcan also include the listing of the actual resistance gene (RPS_T), forexample, Rps gene 1C.

Root Knot Nematode (RKN) Greenhouse screen—45 day screen of rootsinoculated with eggs and juveniles. Rating Scale based upon femalereproduction index on a susceptible check set determined by number ofgalls present on the root mass. Rating scale is 1-9 with 1 being best.Species specific ratings: Arenaria (MA_R), Incognita (MI_R), Javanica(MJ_R).

Stem Canker (Southern) (DPM_R) Greenhouse screen to identify vertical(gene) type of resistance. One week old soybean seedlings are inoculatedwith the stem canker pathogen by opening up a small slit into thehypocotyl and depositing a small drop of the fungal suspension. Theinoculated seedlings are then placed into a moisture chamber. When theseedlings of the known checks have collapsed, disease severity ratingare given on a 1-9 score. One being the best.

Stem canker (Southern) tolerance (DPMTR) Field nursery. The objective ofthis test is to evaluate the Field Resistance/Tolerance of soybean linesunder field conditions. This is necessary due to the fact that of thefour known genes that convey vertical type of resistance to stem canker,one gene (Rdc4 from the variety Dowling), exhibits a 40-50% plant kill(false positive) when screened in the greenhouse using the hypocotylinoculation technique. Lines that scored a rating of 4-9 in thegreenhouse are planted in the field. They are sprayed at least 5 timesduring their first month of development with a spore suspensioncontaining the stem canker fungus. With the inclusion of verysusceptible stem canker checks, we are able to identify horizontal(field resistance/tolerance) resistance in certain lines. Quite often,lines scoring a 9 in the greenhouse, rate a score of 1 in the field dueto either having the Rdc4 gene or having good fieldresistance/tolerance. Disease severity scores are once again given on a1-9 scale when the plants have reached the R6 growth stage of plantdevelopment. One being the best.

Brown Stem Rot (BSR_R) This disease is caused by the fungus Phialophoragregata. The disease is a late-season, cool-temperature, soil bornefungus which in appropriate favorable weather can cause up to 30 percentyield losses in soybean fields. BSR_R is an opportunistic field rating.The scale is 1-9. One rating is best.

Sudden Death Syndrome (SDS_R) This disease is caused by slow-growingstrains of Fursarium solani that produce bluish pigments in the centralpart of the culture when produced on a PDA culture. The disease appearsmainly in the reproductive growth stages (R2-R6) of soybeans. Normaldiagnostics are distinctive scattered, intervienal chlorotic spots onthe leaves. Yield losses may be total or severe in infected fields. TheSudden Death Syndrome Rating is both a field nursery and anopportunistic field rating. It is based on leaf area affected as definedby the Southern Illinois University method of SDS scoring. The scaleused for these tests is 1-9. A one rating is best.

Sclerotinia White Mold (SCL_R) This disease is caused by the fungalpathogen Sclerotinia sclerotium. The fungus can overwinter in the soilfor many years as sclerotia and infect plants in prolonged periods ofhigh humidity or rainfall. Yield losses may be total or severe ininfected fields. Sclerotinia White Mold (SCL_R) rating is a field rating(1-9 scale) based on the percentage of wilting or dead plants in a plot.A one rating is the best.

Frog Eye Leaf Spot (FELSR) This is caused by the fungal pathogenCercospora sojina. The fungus survives as mycelium in infected seeds andin infested debris. With adequate moisture new leaves become infected asthey develop until all the leaves are infected. Yield losses may be upto 15% in severe infected fields. Frog Eye Leaf Spot (FELSR) rating is afield rating (1-9 scale) based on the percentage of leaf area affected.The scale is 1-9 where 1=no leaf symptoms and 9=severe leaf symptoms.One is the best rating. To test varieties for Frog Eye Leaf Spot adisease nursery is artificially inoculated with spores. The ratings aredone when the plants have reached the R5-R6 growth stage. Visualcalibration is done with leaf photos of different frogeye severityratings as used by the University of Tennessee and Dr. Melvin Newman,State Plant Pathologist for TN.

Soybean Cyst Nematode (SCN) The Soybean Cyst Nematode Heteroderaglycines, is a small plant-parasitic roundworm that attacks the roots ofsoybeans. Soybean Cyst Nematode Ratings are taken from a 30 daygreenhouse screen using cyst infested soil. The rating scale is basedupon female reproduction index (FI %) on a susceptible check set((female reproduction on a specific line/female reproduction onSusceptible check)*100) where <10%=R (RESISTANT); >10%-<30%=MR(MODERATELY RESISTANT); >30%-<60%=MS (MODERATELY SUSPECTIBLE); >60%=S(SUSPECTIBLE). The screening races include: 1, 3, 5, 14. Individualratings CN1_P, CN3_P, CN5_P, and CN14_P refer to the resistance to SCNraces 1, 3, 5 and 14 FI % respectively.

Maturity Days from Planting (MRTYN) Plants are considered mature when95% of the pods have reached their mature color. MRTYN is the number ofdays calculated from planting date to 95% mature pod color.

Relative Maturity Group (RM) Industry Standard for varieties groups,based on day length or latitude. Long day length (northern areas in theNorthern Hemisphere) are classified as (Groups 000, 00, 0). Mid daylengths variety groups lie in the middle group (Groups I-VI). Very shortday lengths variety groups (southern areas in Northern Hemisphere) areclassified as (Groups VII, VIII, IX).

Grain Yield at Standard Moisture (YGSMN) The actual grain yield atstandard moisture (13%) reported in the unit's bushels/acre.

Shattering (STR_R) The rate of pod dehiscence prior to harvest. Poddehiscence is the process of beans dropping out of the pods. Advancedvarieties are planted in a replicated nursery south of their adaptedzone to promote early senescence. Mature plots are allowed to stand inthe field to endure heat/cool and especially wet/dry cycles. Rating isbased on the differences between varieties of the amount of open podsand soybeans that have fallen on the ground. The rating scale is 1-9with 1=no shattering and 9=severe shattering. One rating is best.

Yield Test Percentage (TESTP) The mean yield of the subject varietyexpressed as a percentage of the mean yield of all varieties in thetrial.

Plant Parts Means the embryos, anthers, pollen, nodes, roots, root tips,flowers, petals, pistols, seeds, pods, leaves, stems, meristematic cellsand other cells (but only to the extent the genetic makeup of the cellhas both paternal and maternal material) and the like.

Palmitic Acid Means a fatty acid, C₁₅H₃₁COOH, occurring in soybean. Thisis one of the five principal fatty acids of soybean oil.

Linolenic Acid Means an unsaturated fatty acid, C₁₇H₂₉COOH, occurring insoybean. This is one of the five principal fatty acids of soybean oil.

Stearic Acid Means a colorless, odorless, waxlike fatty acid,CH₃(CH₂)₁₆COOH, occurring in soybean. This is one of the five principalfatty acids of soybean oil.

Oleic Acid Means an oily liquid fatty acid, C₁₇H₃₃COOH, occurring insoybean. This is one of the five principal fatty acids of soybean oil.

Linoleic Acid Means an unsaturated fatty acid, C₁₇H₃₁COOH, occurring insoybean. This is one of the five principal fatty acids of soybean oil.

Plant Means the plant, in any of its stages of life including the seedor the embryo, the cotyledon, the plantlet, the immature or the matureplant, the plant parts, plant protoplasts, plant cells of tissue culturefrom which soybean plants can be regenerated, plant calli, plant clumps,and plant cells (but only to the extent the genetic makeup of the cellhas both paternal and maternal material) that are intact in plants orparts of the plants, such as pollen, anther, nodes, roots, flowers,seeds, pods, leaves, stems, petals and the like.

Bud Blight (virus—tobacco ringspot virus): A virus disease of soybeans,symptoms form a curled brown crook out of the terminal bud of plants.

Soybean Mosaic (virus): This soybean virus appears as a yellow vein oninfected plants. This virus will show in the veins of developing leaves.Leaves look narrow and have puckered margins. Infection results in lessseed formed in odd shaped pods. The virus is vectored by aphids.

Bean Pod Mottle Virus (virus): The bean leaf beetle vectored virus. Thisvirus causes a yellow-green mottling of the leaf particularly in coolweather.

Target Spot (fungus—Alternaria sp.): This fungus infects leaves, alsoshows spots on pods and stems.

Anthracnose (fungus—Colletotrichum dematium var. truncatum): This fungusinfects stems, petioles and pods of almost mature plants.

Brown Leaf Spot (fungus—Septoria glycines): Early foliar disease onsoybeans in springtime.

Downy Mildew (fungus—Peronospora manshurica): Fungus appears on thetopside of the leaf. The fungus appears as indefinite yellowish-greenareas on the leaf.

Purple Seed Stain (fungus—Cercospora kikuchii): This fungus is on themature soybean seed coat and appears as a pink or light to dark purplediscoloration.

Seed Decay and Seedling Diseases (fungi—Pythium sp., Phytophthora sp.,Rhizoctonia sp., Diaporthe sp.): When damage or pathology causes reducedseed quality, then the soybean seedlings are often predisposed to thesedisease organisms.

Bacterial Blight (bacterium—Pseudomonas syringae pv. glycinea): Asoybean disease that appears on young soybean plants.

Charcoal Rot (fungus—Macrophomina phaseolina): Charcoal rot is a sandysoil, mid-summer soybean disease.

Rhizobium—Induced Chlorosis: A chlorosis appearing as light green towhite which appears 6-8 weeks during rapid plant growth.

Bacterial Pustule (bacterium—Xanthomonas campestris pv. phaseoli): Thisis usually a soybean leaf disease; however, the disease from the leavesmay infect pods.

Cotton Root Rot (fungus—Phymatotrichum omnivorum): This summertimefungus causes plants to die suddenly.

Pod and Stem Blight (fungus—Diaporthe phaseolorum var. sojae): Thefungus attacks the maturing pod and stem and kills the plant.

Treated Seed means the seed of the present invention with a pesticidalcomposition. Pesticidal compositions include but are not limited tomaterial that are insecticidal, fungicidal, detrimental to pathogens, orsometimes herbicidal.

DEFINITIONS OF STAGING OF DEVELOPMENT

The plant development staging system employed in the testing of thisinvention divides stages as vegetative (V) and reproductive (R). Thissystem accurately identifies the stages of any soybean plant. However,all plants in a given field will not be in the stage at the same time.Therefore, each specific V or R stage is defined as existing when 50% ormore of the plants in the field are in or beyond that stage.

The first two stages of V are designated a VE (emergence) and VC(cotyledon stage). Subdivisions of the V stages are then designatednumerically as V1, V2, V3 through V (n). The last V stage is designatedas V (n), where (n) represents the number for the last node stage of thespecific variety. The (n) will vary with variety and environment. Theeight subdivisions of the reproductive stages (R) states are alsodesignated numerically. R1=beginning bloom; R2=full bloom; R3=beginningpod; R4=full pod; R5=beginning seed; R6=full seed; R7=beginningmaturity; R8=full maturity.

Soybean Cultivar BY0811023

The present invention comprises a soybean plant characterized bymolecular and physiological data obtained from the representative sampleof said variety deposited with the American Type Culture Collection.Additionally, the present invention comprises a soybean plant comprisingthe homozygous alleles of the variety, formed by the combination of thedisclosed soybean plant or plant cell with another soybean plant orcell.

This soybean variety in one embodiment carries one or more transgenes,for example, the glyphosate tolerance transgene, a desaturase gene orother transgenes. In another embodiment of the invention, the soybeandoes not carry any herbicide resistance traits. In yet anotherembodiment of the invention, the soybean does not carry any transgenesbut carries alleles for aphid resistance, cyst nematode resistanceand/or brown stem rot or the like.

The present invention provides methods and composition relating toplants, seeds and derivatives of the soybean cultivar BY0811023. Soybeancultivar BY0811023 has superior characteristics. The BY0811023 line hasbeen selfed sufficient number of generations to provide a stable anduniform plant variety.

Cultivar BY0811023 shows no variants other than expected due toenvironment or that normally would occur for almost any characteristicduring the course of repeated sexual reproduction. Some of the criteriaused to select in various generations include: seed yield, emergence,appearance, disease tolerance, maturity, plant height, and shatteringdata.

The inventor believes that BY0811023 is similar in relative maturity tothe comparison varieties. However, as shown in the figures and table,BY0811023 differs from these cultivars.

Direct comparisons were made between BY0811023 and the listed commercialvarieties. Traits measured may include yield, maturity, lodging, plantheight, branching, field emergence, and shatter. The results of thecomparison are presented in the table below. The number of tests inwhich the varieties were compared is shown with the environments, meanand standard deviation for some traits.

The present invention BY0811023 can carry genetic engineered recombinantgenetic material to give improved traits or qualities to the soybean.For example, but not limited to, the present invention can carry theglyphosate resistance gene for herbicide resistance as taught in theMonsanto patents (WO92/00377, WO92/04449, U.S. Pat. No. 5,188,642 andU.S. Pat. No. 5,312,910) or STS mutation for herbicide resistance.Additional traits carried in transgenes or mutation can be transferredinto the present invention. Some of these genes include genes that givedisease resistance to sclerotinia such as the oxalate oxidase (Ox Ox)gene as taught in PCT/FR92/00195 Rhone Polunc and/or an oxalatedecarboxylase gene for disease resistance or genes designed to alter thesoybean oil within the seed such as desaturase, thioesterase genes(shown in EP0472722, U.S. Pat. No. 5,344,771) or genes designed to alterthe soybean's amino acid characteristics. This line can be crossed withanother soybean line which carries a gene that acts to provide herbicideresistance or alter the saturated and/or unsaturated fatty acid contentof the oil within the seed, or the amino acid profile of the seed.

Geographic Summary

The target variety yield is given as a percent of the trial average atall locations shown in FIG. 1 and each geographic segment West to Eastor Central (Cntrl) to South East where there are three or morelocations. The plots for these trials are two row 13 to 17.5 foot plotsplanted in 30-inch row spacing. The plants in the plots are acombination of experimental material and commercial material. There areusually 36 varieties and there are approximately 250 plants of eachvariety with two replications in about 20-25 locations. The data shownin FIG. 1 is only charted if there are at least 3 or more locations.

The present invention differs from the mean of the comparison commercialand experimental soybean lines in that the present soybean cultivar isacross numerous locations, exceeding the mean yield of the group ofsoybeans (GRP_MN) that were tested and displayed in this geographicsegment chart (GSEGC).

The present invention BY0811023 is employed in a trial with a number ofenvironments. The results of the grain yield at standard moisture(YGSMN) are shown in FIG. 2. The soybean cultivar evidences yieldresults in the Trial Location Mean. These tests allow the usefulness ofthe invention to be shown in light of the environmental geneticinteractions.

This invention also is directed to methods for producing a new soybeanplant by crossing a first parent plant with a second parent plantwherein the first or second parent plant is the present invention.Additionally, the present invention may be used in the varietydevelopment process to derive progeny in a breeding population orcrossing. Further, both first and second parent plants can be or bederived from the soybean line BY0811023. A variety of breeding methodscan be selected depending on the mode of reproduction, the trait, thecondition of the germplasm. Thus, any such methods using the BY0811023are part of this invention: selfing, backcrosses, recurrent selection,mass selection and the like.

The scope of the present invention includes use of marker methods. Inaddition to phenotypic observations, the genotype of a plant can also beexamined. There are many techniques or methods known which are availablefor the analysis, comparison and characterization of plant's genotypeand for understanding the pedigree of the present invention andidentifying plants that have the present invention as an ancestor; amongthese are Isozyme Electrophoresis, Restriction Fragment LengthPolymorphisms (RFLPs), Randomly Amplified Polymorphic DNAs (RAPDs),Arbitrarily Primed Polymerase Chain Reaction (AP-PCR), DNA AmplificationFingerprinting (DAF), Sequence Characterized Amplified Regions (SCARs),Amplified Fragment Length Polymorphisms (AFLPs), and Simple SequenceRepeats (SSRs) which are also referred to as Microsatellites.

A backcross conversion, transgene, or genetic sterility factor, may bein an embodiment of the present invention. Markers can be useful intheir development, such that the present invention comprising backcrossconversion(s), transgene(s), or genetic sterility factor(s), and areidentified by having a molecular marker profile with a high percentidentity such as 95%, 96%, 97%, 98%, 99%, 99.5% or 99.9% identical tothe present invention.

These embodiments may be detected using measurements by either percentidentity or percent similarity to the deposited material. These markersmay detect progeny plants identifiable by having a molecular markerprofile of at least 25%, 30%, 35%, 40%, 45%, 50%, 55%, 60%, 65%, 70%,75%, 76%, 77%, 78%, 79%, 80%, 81%, 82%, 83%, 84%, 85%, 86%, 87%, 88%,89%, 90%, 91%, 92%, 93%, 94%, 95%, 96%, 97%, 98%, 99% or 99.5% geneticcontribution from an embodiment of the present soybean variety. Suchprogeny may be further characterized as being within a pedigree distanceof 1, 2, 3, 4 or 5 or more cross-pollinations to a soybean plant otherthan the present invention or a plant that has the present invention asa progenitor. Molecular profiles may be identified with SNP, SingleNucleotide Polymorphism, or other tools also.

Traits are average values for all trial locations, across all years inwhich the data was taken. In addition to the visual traits that aretaken, the genetic characteristic of the plant can also be characterisedby its genetic marker profile. The profile can interpret or predict thepedigree of the line, the relation to another variety, determine theaccuracy of a listed breeding strategy, or invalidate a suggestedpedigree. Soybean linkage maps were known by 1999 as evidenced in Creganet. al, “An Integrated Genetic Linkage Map of the Soybean Genome” CropScience 39:1464 1490 (1999); and using markers to determine pedigreeclaims was discussed by Berry et al., in “Assessing Probability ofAncestry Using Simple Sequence Repeat Profiles: Applications to MaizeInbred Lines and Soybean Varieties” Genetics 165:331 342 (2003), each ofwhich are incorporated by reference herein in their entirety. Markersinclude but are not limited to Restriction Fragment Length Polymorphisms(RFLPs), Randomly Amplified Polymorphic DNAs (RAPDs), Arbitrarily PrimedPolymerase Chain Reaction (AP-PCR), DNA Amplification Fingerprinting(DAF), Sequence Characterized Amplified Regions (SCARs), AmplifiedFragment Length Polymorphisms (AFLPs), Simple Sequence Repeats (SSRs)which are also referred to as Microsatellites, and Single NucleotidePolymorphisms (SNPs). There are known sets of public markers that arebeing examined by ASTA and other industry groups for their applicabilityin standardizing determinations of what constitutes an essentiallyderived variety under the US Plant Variety Protection Act. However,these standard markers do not limit the type of marker and markerprofile which can be employed in breeding or developing backcrossconversions, or in distinguishing varieties or plant parts or plantcells, or verify a progeny pedigree. Primers and PCR protocols forassaying these and other markers are disclosed in the Soybase (sponsoredby the USDA Agricultural Research Service and Iowa State University)located at the world wide web at 129.186.26.94/SSR.html.

Additionally, these markers such as SSRs, RFLP's, SNPs, Ests, AFLPs,gene primers, and the like can be developed and employed to identifygenetic alleles which have an association with a desired trait. Theallele can be used in a marker assisted breeding program to move traits(native, normative (from a different species), or transgenes) into thepresent invention. The value of markers includes allowing theintrogression of the allele(s)/trait(s) into the desired germplasm withlittle to no superfluous germplasm being dragged from the allele/traitdonor plant into the present invention. This results in formation of thepresent invention for example, cyst nematode resistance, brown stem rotresistance, aphid resistance, Phytophthora resistance, IDC resistance,BT genes, male sterility genes, glyphosate tolerance genes, Dicambatolerance, HPPD tolerance, rust tolerance, Asian Rust tolerance, fungaltolerance, or drought tolerance genes. Additionally, the inventionthrough transgenes, or if a native trait through markers or backcrossbreeding, can include a polynucleotide encoding phytase, FAD-2, FAD-3,galactinol synthase or a raffinose synthetic enzyme; or a polynucleotideconferring resistance to soybean cyst nematode, brown stem rot,phytophthora root rot, or sudden death syndrome or resistance, toleranceto FUNGAL DISEASES such as: Alternaria spp., Agrobacterium rhizogenes,Calonectria crotalariae, Cercospora kikuchii, Cercospora sojina,Choanephora infundibulifera, Colletotrichum spp., Corynesporacassiicola, Curtobacterium flaccumfaciens, Dactuliochaeta glycines,Diaporthe phaseolorum, Fusarium oxysporum, Macrophomina phaseolina,Microsphaera difusa, Peronospora manshurica, Phakopsora pachyrhizi,Phialophora gregata, Phomopsis phaseolorum, Phyllosticta sojicola,Phytophthora sojae, Pseudomonas syringae, Pythium spp., Rhizoctoniasolana, Sclerotinia sclerotiorum, Sclerotium rolfsii, Septoria glycines,Sphaceloma glycines, Thielaviopsis basicota.; or tolerance to BACTERIALand VIRAL DISEASES such as: Xanthomonas campestres, Cowpea ChloroticMottle Virus (CCMV), Peanut Mottle Virus (PMV), Tobacco Streak Virus(TSV), Bean Yellow Mosaic Virus (BYMV), Black Gram Mottle Virus (BGMV),Cowpea Mild Mottle Virus (CMMV), Cowpea Severe Mosaic Virus (CSMV),Indonesian Soybean Dwarf Virus (ISDV), Mung Bean Yellow Mosaic Virus(MYMV), Peanut Stripe Virus (VPMM), Soybean Chlorotic Mottle Virus,Soybean Crinkle Leaf Virus, Soybean Yellow Vein Virus (SYVV), TobaccoMosaic Virus (TMV); NEMATODES such as: Belonolaimus gracilis,Meloidogyne spp, Rotylenchulus reniformis, Pratylenchus spp.,Hoplolaimus sulumbus, Heterodera schachtii.

Many traits have been identified that are not regularly selected for inthe development of a new cultivar. Using materials and methods wellknown to those persons skilled in the art, traits that are capable ofbeing transferred, to cultivar of the present invention include, but arenot limited to, herbicide tolerance, resistance for bacterial, fungal,or viral disease, nematode resistance, insect resistance, enhancednutritional quality, such as oil, starch and protein content or quality,improved performance in an industrial process, altered reproductivecapability, such as male sterility or male/female fertility, yieldstability and yield enhancement. Other traits include the production ofcommercially valuable enzymes or metabolites within the presentinvention.

A transgene typically comprises a nucleotide sequence whose expressionis responsible or contributes to the trait, under the control of apromoter capable of directing the expression of the nucleotide sequenceat the desired time in the desired tissue or part of the plant.Constitutive, tissue-specific or inducible promoters are well known inthe art and have different purposes and each could be employed. Thetransgene(s) may also comprise other regulatory elements such as forexample translation enhancers or termination signals. The transgene maybe adapted to be transcribed and translated into a protein, or to encodeRNA in a sense or antisense orientation such that it is not translatedor only partially translated.

Transgenes may be directly introduced into the cultivar using geneticengineering, site specific insertion techniques, and transformationtechniques well known in the art or introduced into the cultivar througha process which uses a donor parent which has the transgene(s) alreadyintrogressed. This process of introduction of a transgene(s) ornative/non-native traits into the cultivar may use the donor parent in amarker assisted trait conversion process, where the trait may be movedfor example by backcrossing using the markers for selection ofsubsequent generations.

The laboratory-based techniques described above, in particular RFLP andSSR, can be used in such backcrosses to identify the progenies havingthe highest degree of genetic identity with the recurrent parent. Thispermits one to accelerate the production of soybean cultivars having atleast 90%, 95%, 99% genetic, or genetically identical to the recurrentparent, and further comprising the trait(s) introgressed from the donorparent. Such determination of genetic identity can be based on markersused in the laboratory-based techniques described above.

The last backcross generation is then selfed to give pure breedingprogeny for the gene(s) being transferred. The resulting plants haveessentially all of the morphological and physiological characteristicsof cultivar of the present invention, in addition to the gene trait(s)transferred to the inbred. The exact backcrossing protocol will dependon the trait being altered to determine an appropriate testing protocol.Although backcrossing methods are simplified when the trait beingtransferred is a dominant allele, a recessive allele may also betransferred. In this instance it may be necessary to introduce a test ofthe progeny to determine if the desired trait has been successfullytransferred.

The cultivar of the invention can also be used for transformation whereexogenous genes are introduced and expressed by the cultivar of theinvention. Genetic variants created either through traditional breedingmethods using cultivar of the present invention or throughtransformation of such cultivar by any of a number of protocols known tothose of skill in the art are intended to be within the scope of thisinvention (see e.g. Trick et al. (1997) Recent Advances in SoybeanTransformation, Plant Tissue Culture and Biotechnology, 3:9-26).

Transformation methods are means for integrating new genetic codingsequences (transgenes) into the plant's genome by the incorporation ofthese sequences into a plant through man's assistance. Many dicotsincluding soybeans can easily be transformed with Agrobacterium. Methodsof introducing desired recombinant DNA molecule into plant tissueinclude the direct infection or co-cultivation of plant cells withAgrobacterium tumefaciens, Horsch et al., Science, 227:1229 (1985).Descriptions of Agrobacterium vector systems and methods are shown inGruber, et al., “Vectors for Plant Transformation, in Methods in PlantMolecular Biology & Biotechnology” in Glich et al., (Eds. pp. 89-119,CRC Press, 1993). Transformed plants obtained via protoplasttransformation are also intended to be within the scope of thisinvention. Other transformation methods such as whiskers, aerosol beam,etc. are well known in the art and are within the scope of thisinvention. The most common method of transformation after the use ofagrobacterium is referred to as gunning or microprojectile bombardment.This process has small gold-coated particles coated with DNA (includingthe transgene) shot into the transformable material. Techniques forgunning DNA into cells, tissue, explants, meristems, callus, embryos,and the like are well known in the prior art.

The DNA used for transformation of these plants clearly may be circular,linear, and double or single stranded.

Some of the time the DNA is in the form of a plasmid. The plasmid maycontain additional regulatory and/or targeting sequences which assistthe expression or targeting of the gene in the plant. The methods offorming plasmids for transformation are known in the art. Plasmidcomponents can include such items as: leader sequences, transitpolypeptides, promoters, terminators, genes, introns, marker genes, etc.The structures of the gene orientations can be sense, antisense, partialantisense or partial sense: multiple gene copies can be used.

After the transformation of the plant material is complete, the nextstep is identifying the cells or material, which has been transformed.In some cases, a screenable marker is employed such as thebeta-glucuronidase gene of the uidA locus of E. coli. Then, thetransformed cells expressing the colored protein are selected for eitherregeneration or further use. In many cases, a selectable markeridentifies the transformed material. The putatively transformed materialis exposed to a toxic agent at varying concentrations. The cells nottransformed with the selectable marker, which provides resistance tothis toxic agent, die. Cells or tissues containing the resistantselectable marker generally proliferate. It has been noted that althoughselectable markers protect the cells from some of the toxic affects ofthe herbicide or antibiotic, the cells may still be slightly affected bythe toxic agent by having slower growth rates. If the transformedmaterials are cell lines then these lines are used to regenerate plants.The cells' lines are treated to induce tissue differentiation. Methodsof regeneration of plants are well known in the art. General methods ofculturing plant tissues are provided for example by Maki et al.“Procedures for Introducing Foreign DNA into Plants” in Methods in PlantMolecular Biology & Biotechnology, Glich et al. (Eds. pp. 67-88 CRCPress, 1993); and by Phillips et al. “Cell-Tissue Culture and In-VitroManipulation” in Soybean & Soybean Improvement, 3rd Edition Sprague etal. (Eds. pp. 345-387) American Society of Agronomy Inc. et al. 1988.

The plants from the transformation process or the plants resulting froma cross using a transformed line or the progeny of such plants whichcarry the transgene are transgenic plants.

The genes responsible for a specific gene trait are generally inheritedthrough the nucleus. Known exceptions are, e.g. the genes for malesterility, some of which are inherited cytoplasmically, but still act assingle gene traits. Male sterile soybean germplasm for hybrid soybeanproduction was taught in U.S. Pat. No. 4,648,204. In a preferredembodiment, a transgene to be introgressed into the cultivar BY0811023is integrated into the nuclear genome of the donor, non-recurrent parentor the transgene is directly transformed into the nuclear genome ofcultivar BY0811023. In another embodiment of the invention, a transgeneto be introgressed into cultivar BY0811023 is integrated into theplastid genome of the donor, non-recurrent parent or the transgene isdirectly transformed into the plastid genome of cultivar BY0811023. In afurther embodiment of the invention, a plastid transgene comprises agene that has transcribed from a single promoter, or two or more genestranscribed from a single promoter.

A non-exclusive list of traits or nucleotide sequences capable of beingtransferred into cultivar BY0811023, using material and methods wellknown to those persons skilled in the art are as follows: geneticfactor(s) responsible for resistance to brown stem rot (U.S. Pat. No.5,689,035) or resistance to cyst nematodes (U.S. Pat. No. 5,491,081); atransgene encoding an insecticidal protein, such as, for example, acrystal protein of Bacillus thuringiensis or a vegetative insecticidalprotein from Bacillus cereus, such as VIP3 (see, for example, Estruch etal. Nat Biotechnol (1997) 15:137-41; a herbicide tolerance transgenewhose expression renders plants tolerant to the herbicide, for example,expression of an altered acetohydroxyacid synthase (AHAS) enzyme confersupon plants tolerance to various imidazolinone or sulfonamide herbicides(U.S. Pat. No. 4,761,373.) Other traits capable of being transformedinto cultivar BY0811023 include, for example, a non-transgenic traitconferring to cultivar BY0811023 tolerance to imidazolinones orsulfonylurea herbicides; a transgene encoding a mutant acetolactatesynthase (ALS) that renders plants resistant to inhibition bysulfonylurea herbicides (U.S. Pat. No. 5,013,659); a gene encoding amutant glutamine synthetase (GS) resistant to inhibition by herbicidesthat are known to inhibit GS, e.g. phosphinothricin and methioninesulfoximine (U.S. Pat. No. 4,975,374); and a Streptomyces bar geneencoding a phosphinothricin acetyl transferase resulting in tolerance tothe herbicide phosphinothricin or glufosinate (U.S. Pat. No. 5,489,520.)

Other genes capable of being transferred into the cultivar BY0811023 ofthe invention include toleration to inhibition by cyclohexanedione andaryloxyphenoxypropanoic acid herbicides (U.S. Pat. No. 5,162,602), whichis conferred by an altered acetyl coenzyme A carboxylase (ACCase);transgenic glyphosate tolerant plants, which tolerance is conferred byan altered 5-enolpyruvyl-3-phosphoshikimate (EPSP) synthase gene;tolerance to a protoporphyrinogen oxidase inhibitor, which is achievedby expression of a tolerant protoporphyrinogen oxidase enzyme in plants(U.S. Pat. No. 5,767,373.) Genes encoding altered protox resistant to aprotox inhibitor can also be used in plant cell transformation methods.For example, plants, plant tissue or plant cells transformed with atransgene can also be transformed with a gene encoding an altered protox(See U.S. Pat. No. 6,808,904 incorporated by reference) capable of beingexpressed by the plant. The thus-transformed cells are transferred tomedium containing the protox inhibitor wherein only the transformedcells will survive. Protox inhibitors contemplated to be particularlyuseful as selective agents are the diphenylethers (e.g. acifluorfen,5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-nitrobezoic acid; its methylester, or oxyfluorfen,2-chloro-1-(3-ethoxy-4-nitrophenoxy)-4-(trifluorobenzene)), oxidiazoles,(e.g. oxidiazon,3-[2,4-dichloro-5-(1-methylethoxy)phenyl]-5-(1,1-dimethylethyl)-1,3,4-oxadiazol-2-(3H)-one),cyclic imides (e.g. S-23142,N-(4-chloro-2-fluoro-5-propargyloxyphenyl)-3,4,5,6-tetrahydrophthalimide;chlorophthalim, N-(4-chlorophenyl)-3,4,5,6-tetrahydrophthalimide),phenyl pyrazoles (e.g. TNPP-ethyl, ethyl2-[1-(2,3,4-trichlorophenyl)-4-nitropyrazolyl-5-oxy]propionate; M&B39279), pyridine derivatives (e.g. LS 82-556), and phenopylate and itsO-phenylpyrrolidino- and piperidinocarbamate analogs and bicyclictriazolones as disclosed in the International patent application WO92/04827; EP 532146).

The method is applicable to any plant cell capable of being transformedwith an altered protox-encoding gene, and can be used with any transgeneof interest. Expression of the transgene and the protox gene can bedriven by the same promoter functional on plant cells, or by separatepromoters.

Modified inhibitor-resistant protox enzymes of the present invention areresistant to herbicides that inhibit the naturally occurring protoxactivity. The herbicides that inhibit protox include many differentstructural classes of molecules (Duke et al., Weed Sci. 39: 465 (1991);Nandihalli et al., Pesticide Biochem. Physiol. 43: 193 (1992); Matringeet al., FEBS Lett. 245: 35 (1989); Yanase and Andoh, Pesticide Biochem.Physiol. 35: 70 (1989)), including the diphenylethers {e.g.acifluorifen, 5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-nitrobezoicacid; its methyl ester; or oxyfluorfen,2-chloro-1-(3-ethoxy-4-nitrophenoxy)-4-(trifluorobenzene)}, oxidiazoles(e.g. oxidiazon,3-[2,4-dichloro-5-(1-methylethoxy)phenyl]-5-(1,1-dimethylethyl)-1,3,4-oxadiazol-2-(3H)-one),cyclic imides (e.g. S-23142,N-(4-chloro-2-fluoro-5-propargyloxyphenyl)-3,4,5,6-tetrahydrophthalimide;chlorophthalim, N-(4-chlorophenyl)-3,4,5,6-tetrahydrophthalimide),phenyl pyrazoles (e.g. TNPP-ethyl, ethyl2-[1-(2,3,4-trichlorophenyl)-4-nitropyrazolyl-5-oxy]propionate; M&B39279), pyridine derivatives (e.g. LS 82-556), and phenopylate and itsO-phenylpyrrolidino- and piperidinocarbamate analogs.

Direct selection may be applied where the trait acts as a dominanttrait. An example of a dominant trait is herbicide tolerance. For thisselection process, the progeny of the initial cross are sprayed with theherbicide prior to the backcrossing. The spraying eliminates any plantthat does not have the desired herbicide tolerance characteristic, andonly those plants that have the herbicide tolerance gene are used in thesubsequent backcross. This process is then repeated for the additionalbackcross generations.

In yet another embodiment of the present invention, a transgenetransformed or introgressed into cultivar BY0811023 comprises a geneconferring tolerance to a herbicide and at least another nucleotidesequence for another trait, such as for example, insect resistance ortolerance to another herbicide. Another gene capable of beingtransferred into the cultivar BY0811023 of the invention expressesthioredoxin and thioredoxin reductase enzymes for modifying graindigestibility and nutrient availability (U.S. Pat. Appl. No.20030145347.)

Further reproduction of the cultivar can occur by tissue culture andregeneration. Tissue culture of various tissues of soybeans andregeneration of plants therefrom is well known and widely published. Forexample, reference may be had to Komatsuda, T. et al., “Genotype XSucrose Interactions for Somatic Embryogenesis in Soybean,” Crop Sci.31:333-337 (1991); Stephens, P. A. et al., “Agronomic Evaluation ofTissue-Culture-Derived Soybean Plants,” Theor. Appl. Genet. (1991)82:633-635; Komatsuda, T. et al., “Maturation and Germination of SomaticEmbryos as Affected by Sucrose and Plant Growth Regulators in SoybeansGlycine gracilis Skvortz and Glycine max (L.) Merr.,” Plant Cell, Tissueand Organ Culture, 28:103-113 (1992); Dhir, S. et al., “Regeneration ofFertile Plants from Protoplasts of Soybean (Glycine max L. Merr.):Genotypic Differences in Culture Response,” Plant Cell Reports (1992)11:285-289; Pandey, P. et al., “Plant Regeneration from Leaf andHypocotyl Explants of Glycine wightii (W. and A.) VERDC. varlongicauda,” Japan J. Breed. 42:1-5 (1992); and Shetty, K., et al.,“Stimulation of In Vitro Shoot Organogenesis in Glycine max (Merrill.)by Allantoin and Amides,” Plant Science 81:(1992) 245-251; as well asU.S. Pat. No. 5,024,944, issued Jun. 18, 1991 to Collins et al. and U.S.Pat. No. 5,008,200, issued Apr. 16, 1991 to Ranch et al. Thus, anotheraspect of this invention is to provide cells that upon growth anddifferentiation produce soybean plants having all or essentially all thephysiological and morphological characteristics of cultivar BY0811023.The disclosures, publications, and patents that are disclosed herein areall hereby incorporated herein in their entirety by reference.

The seed of soybean cultivar BY0811023 further comprising one or morespecific, single gene traits, the plant produced from the seed, thehybrid soybean plant produced from the crossing of the cultivar with anyother soybean plant, hybrid seed, and various parts of the hybridsoybean plant can be utilized for human food, livestock feed, and as araw material in industry.

Soybean is the world's leading source of vegetable oil and protein meal.The oil extracted from soybeans is used for cooking oil, margarine, andsalad dressings. Soybean oil is composed of saturated, monounsaturatedand polyunsaturated fatty acids. It has a typical composition of 11%palmitic, 4% stearic, 25% oleic, 50% linoleic and 9% linolenic fattyacid content (“Economic Implications of Modified Soybean Traits SummaryReport”, Iowa Soybean Promotion Board & American Soybean AssociationSpecial Report 92S, May 1990.) Changes in fatty acid composition forimproved oxidative stability and nutrition are constantly sought after.(U.S. Pat. No. 5,714,670 Soybeans Having Low Linolenic Acid and LowPalmitic Acid Contents; U.S. Pat. No. 5,763,745 Soybeans Having LowLinolenic Acid Content and Palmitic Acid Content of at Least ElevenPercent; U.S. Pat. No. 5,714,668 Soybeans Having Low Linolenic Acid AndElevated Stearic Acid Content; U.S. Pat. No. 5,714,669 A17 SoybeansHaving Low Linolenic Acid Content and Descendents; U.S. Pat. No.5,710,369 A16 Soybeans Having Low Linolenic Acid Content andDescendents; U.S. Pat. No. 5,534,425 Soybeans Having Low Linolenic AcidContent and Method of Production; U.S. Pat. No. 5,750,844 SoybeansCapable of Forming a Vegetable Oil Having Specified Concentrations ofPalmitic and Stearic Acids; U.S. Pat. No. 5,750,845 Soybeans Capable ofForming a Vegetable Oil Having a Low Saturated Fatty Acid Content; U.S.Pat. No. 5,585,535 Soybeans and Soybean Products Having Low PalmiticAcid Content; U.S. Pat. No. 5,850,029 Soybean Designated AX7017-1-3;U.S. Pat. No. 5,663,485 Soybean Designated A89-259098; U.S. Pat. No.5,684,230 Soybean Designated AX 4663-5-4-5; U.S. Pat. No. 5,684,231Soybean Designated A1937 NMU-85; U.S. Pat. No. 5,714,672 SoybeanDesignated ElginEMS-421; U.S. Pat. No. 5,602,311 Soybeans and SoybeanProducts Having High Palmitic Acid Content; U.S. Pat. No. 5,795,969Soybean Vegetable Oil Having Elevated Concentrations of Both Palmiticand Stearic Acid; U.S. Pat. No. 5,557,037 Soybeans Having ElevatedContents of Saturated Fatty Acids; U.S. Pat. No. 5,516,980 SoybeanVariety XB37ZA; U.S. Pat. No. 5,530,183 Soybean Variety 9253; U.S. Pat.No. 5,750,846 Elevated Palmitic Acid Production in Soybeans; U.S. Pat.No. 6,060,647 Elevated Palmitic Acid Production in Soybeans; U.S. Pat.No. 6,025,509 Elevated Palmitic Acid Production in Soybeans; U.S. Pat.No. 6,133,509 Reduced Linolenic Acid Production in Soybeans; U.S. Pat.No. 5,986,118 Soybean Vegetable Oil Possessing a Reduced Linolenic AcidContent; U.S. Pat. No. 5,850,030 Reduced Linolenic Acid Production inSoybeans). Industrial uses of soybean oil that is subjected to furtherprocessing include ingredients for paints, plastics, fibers, detergents,cosmetics, and lubricants. Soybean oil may be split, inter-esterified,sulfurized, epoxidized, polymerized, ethoxylated, or cleaved. Designingand producing soybean oil derivatives with improved functionality,oliochemistry is a rapidly growing field. The typical mixture oftriglycerides is usually split and separated into pure fatty acids,which are then combined with petroleum-derived alcohols or acids,nitrogen, sulfonates, chlorine, or with fatty alcohols derived from fatsand oils.

The techniques of seed treatment application are well known to thoseskilled in the art, and they may be used readily in the context of thepresent invention. The seed treating compositions can be applied to theseed as slurry, mist or a soak or other means know to those skilled inthe art of seed treatment. There also may be mentioned, e.g., filmcoating or encapsulation. The coating processes are well known in theart, and employ, for seeds, the techniques of film coating orencapsulation, or for the other multiplication products, the techniquesof immersion. Needless to say, the method of application of thecompositions to the seed may be varied and is intended to include anytechnique that is to be used.

The term “fungicide” as utilized herein is intended to cover compoundsactive against phytopathogenic fungi that may belong to a very widerange of compound classes. Examples of compound classes to which thesuitable fungicidally active compound may belong include both roomtemperature (25.degree. C.) solid and room temperature liquid fungicidessuch as: triazole derivatives, strobilurins, carbamates (including thio-and dithiocarbamates), benzimidazoles (thiabendazole),N-trihalomethylthio compounds (captan), substituted benzenes,carboxamides, phenylamides and phenylpyrroles, and mixtures thereof.

The present invention includes a method for preventing damage by a pestto a seed of the present invention and/or shoots and foliage of a plantgrown from the seed of the present invention. Broadly the methodincludes treating the seed of the present invention with a pesticide.The pesticide is a composition that stops pests including insects,diseases, and the like. Broadly compositions for seed treatment caninclude but is not limited to any of one of the following: aninsecticide, or a fungicide.

The method comprises treating an unsown seed of the present inventionwith neonicotinoid composition. One of these compositions isthiamethoxam. Additionally, the neonicotinoid composition can include atleast one pyrethrin or synthetic pyrethroid, to reduce pest damage. Morespecifically there is a method of seed treatment which employsthiamethoxam and at least one pyrethrin or pyrethroid are comprisedwithin a seed coating treated on the seed of the present invention. Thecombination, if thiamethoxam is employed, can be coated at a rate whichis greater than 200 gm/100 kg of seed. The method includes having atleast one of the pyrethroids being a systemic insecticide.

The pyrethrin or synthetic pyrethroid, if employed can be selected fromthe group consisting of taufluvalinate, flumethrin, trans-cyfluthrin,kadethrin, bioresmethrin, tetramethrin, phenothrin, empenthrin,cyphenothrin, prallethrin, imiprothrin, allethrin and bioallethrin.

The fungicidally active compounds and/or the insecticidal activecompounds are employed in a fungicidally and/or insecticidally effectiveamount in the composition. Mixtures of one or more of the followingactive compounds are usable as an active component treatment of the seedof the present invention. Examples of suitable individual compounds foruse in seed treatments are listed below. Where known, the common name isused to designate the individual compounds (q.v. the Pesticide Manual,12th edition, 2001, British Crop Protection Council).

Suitable triazole derivatives include propiconazole, difenconazole,tebuconazole, tetraconazole and triticonazole. Suitable strobilurinsinclude trifloxystrobin, azoxystrobin, kresoxim-methyl andpicoxystrobin. Suitable carbamates include thiram. Suitable substitutedbenzenes include PCNB and chlorothalonil. Suitable carboxamides includecarboxin. Specific phenylamides usable in the compositions and methodsinclude metalaxyl. A specific phenylpyrrole usable in the composition isfludioxonil.

Other suitable fungicidal compounds that maybe mentioned are Benomyl(also known as Benlate), Bitertanol, Carbendazim, Capropamid, Cymoxanil,Cyprodinil, Ethirimol, Fenpiclonil, Fenpropimorph, Fluquinconazole,Flutolanil, Flutriafol, Fosetyl-aluminum, Fuberidazole, Guazatine,Hymexanol, Kasugamycin, Imazalil, Imibenconazole,Iminoctadine-triacetate, Ipconazole, Iprodione, Mancozeb, Maneb,Mepronil, Metalaxyl, Metalaxyl-M (Mefenoxam), Metconazole, Metiram, MON65500 (Silthiopham-ISO proposed), Myclobutanil, Nuarimol, Oxadixyl,Oxine-copper, Oxolinic acid, Pefurazoate, Pencycuron, Prochloraz,Propamocarb hydrochloride, Pyroquilon, Silthiopham—see MON 65500,Tecnazene, Thifluzamide, Thiophenate-methyl, Tolclofos-methyl,Triadimenol, Triazoxide and Triflumizole.

The fungicidally active compounds and/or the insecticidal activecompounds are employed in a fungicidally and/or insecticidally effectiveamount in the composition. Mixtures of one or more of the followingactive compounds also are usable as an active component treatment of theseed of the present invention.

In one seed treatment, mixtures of at least one ambient liquid fungicide(for example, a phenylamide such as R-metalaxyl) and at least oneambient solid fungicide (for example, a phenylpyrrole such asfludioxonil) could be employed. The apparatus for providing theappropriate amount of seed treatment of a specific chemical compositionfor a seed are well known in the seed coating industry (See, forexample, U.S. Pat. Nos. 5,632,819 and 5,891,246).

Soybean is not just a seed it is also used as a grain. The grain is usedas a food source for both animals and humans. Soybean is widely used asa source of protein for animal feeds for poultry, swine and cattle. Thesoybean grain is a commodity. The soybean commodity plant productsinclude but are not limited to protein concentrate, protein isolate,soybean hulls, meal, flower, oil and the whole soybean itself. Duringprocessing of whole soybeans, the fibrous hull is removed and the oil isextracted. The remaining soybean meal is a combination of carbohydratesand approximately 50% protein. For human consumption soybean meal ismade into soybean flour that is processed to protein concentrates usedfor meat extenders or specialty pet foods. Production of edible proteiningredients from soybean offers a healthy less expensive replacement foranimal protein in meats as well as dairy-type products.

DEPOSIT INFORMATION

Applicants have made a deposit of at least 2500 seeds of soybeancultivar BY0811023 with the American Type Culture Collection (ATCC)Patent Depository, 10801 University Blvd., Manassas, Va. 20110. The ATCCnumber of the deposit is PTA-12593. The date of deposit was Feb. 21,2012, and the seed was tested on Mar. 14, 2012 and found to be viable.Access to this deposit will be available during the pendency of theapplication to the Commissioner for Patents and persons determined bythe Commissioner to be entitled thereto upon request. Upon granting of apatent on any claims in the application, the Applicants will make thedeposit available to the public pursuant to 37 CFR §1.808. Additionally,Applicants will meet the requirements of 37 CFR §1.801-1.809, includingproviding an indication of the viability of the sample when the depositis made. The ATCC deposit will be maintained in that depository, whichis a public depository, for a period of 30 years, or 5 years after thelast request, or for the enforceable life of the patent, whichever islonger, and will be replaced if it becomes nonviable during that period.

The present invention BY0811023 is employed in a number of plotrepetitions to establish trait characteristics.

The invention is a novel soybean cultivar designated BY0811023 with highyield potential, tolerance to Roundup herbicide, and resistance to race3 of soybean cyst nematode (Heterodera glycines). It also has the RPS1-kresistance gene for Phytophthora root rot (Phytophthora sojae) and is achloride excluder. The invention relates to seeds of the cultivarsBY0811023, plants of the cultivars BY0811023, and to methods forproducing a soybean plant produced by crossing the soybean BY0811023 byitself or another soybean genotype.

The present invention BY0811023 is a Group 5 Maturity soybean cultivar.This variety has an RM of 5.6. To be sold commercially in the Midsouth,Delta, and Southeast where other determinate Maturity Group V soybeansare grown. This line has superior yield performance in thoseenvironments. Specific area where best adaptation occurs includes: areasthat require resistance to soybean cyst nematode, southern stem canker,and Phytophthora root rot.

The traits of the invention are listed below.

TRAITS Plant Characteristics Plant Health Roundup Ready ® RR Rps GeneRps1k STS ® N SCN RACE 1 FI % Flower Color White SCN RACE 3 FI % 1.0Pubescence Color Gray SCN RACE 5 FI % Pod Color Tan SCN RACE 14 FI %65.0  Hilum Color Buff SCN Source PI88788 % Protein 13% mst. Root KnotNematode - Incognita 7.0 % Oil @13% mst. Root Knot Nematode - ArenariaSeed Size/Lb 3440 Stem Canker (Southern) 3.0 Stem Termination DET StemCanker Tolerance (Southern) 3.5 % Linolenic Acid @13% mst ChlorideSensitivity Excluder Rps gene indicates the specific gene for resistancebut if none are indicated then none are known to be present Y = Yes, hastrait. N = no does not contain trait. SCN = Soybean Cyst NematodeRoundup Ready ®, Roundup Ready 2 Yield ®, Roundup ® and Roundup ® Ultraare trademarks of Monsanto Company. STS ® is a trademark of DuPont.Ratings are on a 1 to 9 scale with 1 being the best.

Table of Agronomic and Disease Traits Research Data Yield PerformanceChart YGSMN MRTYN HLDGR PLHTN GLDGR PLCNR PRR_R HVAPR DL_R FELSR GS_REMRGR TESTP BY0811023 58.3 132.0 2.8 92.1 3.3 6.6 6.0 4.4 3.7 3.5 5.03.6 105.8 AG5606 58.0 131.6 3.3 99.1 3.8 6.4 2.8 3.9 3.8 2.4 4.1 3.6106.0 S56-L5 57.1 131.9 2.7 91.3 3.1 6.8 3.3 3.8 3.7 5.3 3.6 4.0 103.3S56-G6 56.9 133.1 2.0 82.8 2.0 6.4 3.3 3.1 3.5 4.2 2.6 4.2 102.9 S57-K356.8 133.2 2.8 88.1 2.8 7.1 5.7 3.8 3.7 3.5 3.3 3.6 102.6 S59-B8 55.5133.6 3.2 97.5 3.3 7.5 3.0 3.6 2.7 2.0 2.1 3.4 100.7 Environ- 30.0 16.013.0 23.0 5.0 4.0 3.0 8.0 2.0 2.0 1.0 7.0 30.0 ments Grand Mean 57.2132.6 2.8 91.1 3.1 6.8 3.9 3.7 3.6 3.3 3.5 3.7 103.8 Check Mean 56.9132.7 2.8 91.8 3.0 6.8 3.6 3.6 3.5 3.5 3.1 3.8 103.1 LSD (0.05) 0.0 0.90.6 2.9 0.8 0.7 0.0 0.5 0.0 1.1 1.3 0.0 0.0

As the previous chart indicates each of these lines has their ownpositive traits. Each of these lines is different from the presentinvention. BY0811023 yields 3% higher than S57-K3, and 2% higher thanS56-L5 and S56-G6. BY0811023 has superior tolerance to SDS and frogeyeleaf spot when compare with S56-G6 and S56-L5.

Accordingly, the present invention has been described with some degreeof particularity directed to the preferred embodiment of the presentinvention. It should be appreciated, though that the present inventionis defined by the following claims construed in light of the prior artso that modifications or changes may be made to the preferred embodimentof the present invention without departing from the inventive conceptscontained herein.

What is claimed:
 1. A seed of soybean variety BY0811023, wherein arepresentative sample of seed of said soybean variety BY0811023 has beendeposited under ATCC Accession Number PTA-12593.
 2. A soybean plant, ora part thereof, grown from the seed of claim
 1. 3. A tissue cultureproduced from protoplasts or cells from the plant of claim
 2. 4. Asoybean plant regenerated from the tissue culture of claim
 3. 5. Asoybean plant obtained by transforming the soybean variety of claim 2.6. A seed of the soybean plant according to claim
 5. 7. A method forproducing a soybean seed comprising crossing soybean plants andharvesting the resultant soybean seed, wherein at least one soybeanplant is the soybean plant of claim
 2. 8. A method for producing hybridsoybean seed comprising crossing the soybean plant according to claim 2with a second different soybean plant and harvesting the resultanthybrid soybean seed.
 9. A hybrid soybean seed produced by the method ofclaim
 8. 10. A soybean plant, or part thereof, produced by growing saidseed of claim
 9. 11. A method for developing a second soybean plantthrough plant breeding comprising applying plant breeding to saidsoybean plant, or parts thereof of claim 10, wherein said plant breedingresults in development of said second soybean plant.
 12. A method ofproducing a soybean plant comprising a desired trait, the methodcomprising introducing at least one transgene or locus conferring thedesired trait into a plant of soybean variety BY0811023 according toclaim
 2. 13. An insect, disease or herbicide resistant plant produced bythe method of claim
 12. 14. The method of claim 12, wherein the desiredtrait is selected from the group consisting of male sterility, herbicidetolerance, insect or pest resistance, disease resistance, fungalresistance, modified fatty acid metabolism, modified carbohydratemetabolism, stress tolerance, and modified nutrient deficiencytolerances.
 15. The method of claim 12, wherein the desired trait isherbicide tolerance and the tolerance is conferred to an herbicideselected from the group consisting of glyphosate, sulfonylurea,imidazolinone, dicamba, glufosinate, phosphinothricin, phenoxypropionicacid, cyclohexanedione, triazine, benzonitrile and bromoxynil.
 16. Aplant produced by the method of claim 12, wherein the plant has thedesired trait.
 17. A method of introducing a desired trait into aBY0811023 plant of claim 2, wherein the method comprises: (a) crossing aBY0811023 plant, of claim 2 with a plant of another soybean variety thatcomprises a desired trait to produce new progeny plants, wherein thedesired trait is selected from the group consisting of male sterility,herbicide resistance, disease resistance, insect resistance, modifiedfatty acid metabolism, and modified carbohydrate metabolism, comprisingmodified phytase, fructosyltransferase, levansucrase, alpha-amylase,invertase or starch branching enzyme activity or an antisense ofstearyl-ACP desaturase, and resistance to bacterial disease, fungaldisease or viral disease; (b) selecting one or more new progeny plantsthat have the desired trait to produce selected progeny plants; (c)selfing selected progeny plants or crossing the selected progeny plantswith the BY0811023 plants to produce late generation selected progenyplants; (d) crossing or further selecting for later generation selectedprogeny plants that have the desired trait and physiological andmorphological characteristics of soybean variety BY0811023 to produceselected next later generation progeny plants; and optionally (e)repeating crossing or selection of later generation progeny plants toproduce progeny plants that comprise the desired trait and all of thephysiological and morphological characteristics of said desired traitand of soybean variety BY0811023 when grown in the same location and inthe same environment.
 18. A plant produced by the method of claim 17,wherein the plant has the desired trait and of soybean variety BY0811023when grown in the same location and in the same environment.
 19. Amethod of producing a commodity plant product comprising obtaining theplant of claim 2 or a part thereof and producing said commodity plantproduct comprising protein concentrate, protein isolate, soybean hulls,meal, flour or oil therefrom.
 20. A seed that produces the plant ofclaim 16.